HomeMy WebLinkAboutRES 544 Draft 01 2024-2026COUNTY OF HAWAI`I •�STATE OF HAWAI`I
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RESOLUTION NO. 1544 2(.
A RESOLUTION AMENDING RULE NOS. 9 AND 10 OF THE RULES OF PROCEDURE
AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI`I,
RELATING TO VOTING AND DISCLOSURE OF INTEREST, RESPECTIVELY.
WHEREAS, on December 2, 2024, the Council of the County of Hawaii (hereinafter
the "Council") adopted the Rules of Procedure and Organization of the Council of the County of
Hawai `i (hereinafter the "Rules") as provided in Resolution No. 3-25 to govern the affairs of the
Council; and
WHEREAS, Rule No. 16-1 provides, in part, that the Rules "may be amended at a
regular Council meeting by a resolution approved by an affirmative majority vote of the entire
membership of the Council"; and
WHEREAS, the Council finds that Rule Nos. 9 and 10 bear further consideration and
clarification; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that
Rule No. 9, governing Voting, is hereby amended by amending subrule 6 to read as follows:
"6. No member present shall refrain from voting [unless
amber;s-ex-euwa - em voting,]; silence shall be recorded as an affirmative vote.
Any member excused from voting due to a conflict of interest under Rule No. 10
shallcomply with the physical the physical recusal requirement set forth therein."
BE IT FURTHER RESOLVED that Rule No. 10, governing Disclosure of Interest, is
hereby amended by amending subrule 2 to read as follows:
"2. Any member who has a substantial financial and/or personal interest directly
affected in any action proposed or pending before the Council or a Committee shall
fnmter- ther-een.] recuse themselves in accordance with this Rule.
(a) "Substantial" means an interest which is sufficient in magnitude to influence
one's official action.
(b) "Financial interest" means an interest held by a Council Member, his or her
spouse, domestic partner, children, siblings, parents, grandparents, or
grandchildren, which is:
(1) An ownership interest in a business;
(2) A creditor interest in an insolvent business;
(3) An employment, or prospective employment, for which negotiations
have begun;
(4) An ownership interest in real or personal property;
(5) A loan or other debtor interest; or
(6) A directorship or officership in a business, including nonprofit
businesses."
BE IT FURTHER RESOLVED that Rule No. 10, governing Disclosure of Interest, is
hereby amended by adding a subrule to be appropriately inserted and to read as follows:
"5. Any Council Member who has disclosed a substantial financial or personal interest
in any matter proposed or pending before the Council or a Committee shall, after
making the oral disclosure required under subrule 4,physically remove themselves
from the Council Chambers or meeting room during deliberation and voting on the
matter. The recusal and removal shall be recorded in the minutes."
BE IT FINALLY RESOLVED that the County Clerk shall prepare and transmit to all
appropriate parties a copy of the Rules, as amended herein, to replace the existing portions
rendered obsolete by this amendment; provided that, in preparing said pages, the brackets,
bracketed and stricken material, and underscoring need not be included.
Dated at Hilo , Hawai`i, this 20th day of May , 20 26.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i GALIMBA X
HUSTACE X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai'i on May 20, 2026 KAGIWADA X
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
9 0 0 0
Reference: C-854/GOEAC-122
r UN CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO.
I 1111111 H Ill lii1 lii Ii
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